Litigation Update

On August 1, 2023, the court, after trial, ruled in favor of MZS’s client, Town of Greenwich, in the tax appeal matter entitled Greenwich Retail, LLC v. Town of Greenwich, FST-CV-21-6052214-S. The decision can be found here: https://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=25585360. This tax appeal involved a taxpayer’s challenge to a penalty levied against its property for the taxpayer’s failure to timely respond to the tax assessor’s request for income and expense information. The taxpayer unsuccessfully argued that the assessor erred by sending her request to the last known address on file for the taxpayer. The court found that the taxpayer had failed to update the assessor of its move. This well-reasoned decision aptly recognizes that it is the taxpayer, and not the municipal assessor, who carries the burden of ensuring that a municipality has the right address on file for sending notices. Attorney Dennis Kokenos tried the matter. Attorney Owen Weaver assisted.

On August 4, 2023, the Appellate Court of Connecticut rendered its decision in the appeal A Better Way Wholesale Autos, Inc. v. Better Business Bureau of Connecticut et al., AC 45180. The decision can be found here: https://www.jud.ct.gov//external/supapp/Cases/AROap/AP221/221AP231.pdf. MZS represented the defendants-respondents in the case. The plaintiff, a used car dealer, had sued for defamation, claiming that the defendant’s online review of its business was defamatory. The Appellate Court, in a well-written opinion, affirmed the trial court’s granting of summary judgment in favor of the defendants. Attorney Barbara M. Schellenberg, who leads MZS’s appellate practice, argued the appeal, with Attorney Dennis Kokenos assisting on the brief.

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